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CCR2009031-TIF Monies COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #031-2009 APPROVAL TO AUTHORIZE PAYMENT OF GRANT TO ACE INDUSTRIAL PROPERTIES, INC. PURSUANT TO DEVELOPMENT AGREEMENT WITH RESPECT TO TAX INCREMENTAL DISTRICT NO. 10 WHEREAS the City of Muskego, Wisconsin (the "City") has entered into a Development Agreement dated as of April 2, 2008 (the "Development Agreement") with Ace Industrial Properties, Inc. (the "Developer"); WHEREAS Section III.B. of the Development Agreement provides that, upon compliance by the Developer with the conditions of the Development Agreement, the City is to pay to the Developer a grant (the "Grant") to reimburse the Developer for the cost of the Developer Improvements and Dedicated Improvements (as those terms are defined in the Development Agreement); and WHEREAS such conditions (which include (1) substantial completion of the Building, Developer Improvements and Dedicated Improvements and (2) the transfer and dedication of the Dedicated Lands to the City) have now been satisfied by the Developer; NOW, THEREFORE, BE IT RESOLVED that: Section 1. Payment of Grant. The officers of the City are authorized and directed to remit the Grant to the Developer in accordance with the terms of the Development Agreement. The amount of the Grant shall be based on the actual costs incurred by the Developer with respect to construction of the Developer Improvements and the Dedicated Improvements, as verified by the officers of the City. The total amount of the Grant shall not exceed $2,200,000, of which not to exceed $1,015,000 shall be paid to reimburse the Developer for the costs and expenses of construction of the Developer Improvements and not to exceed $1,185,000 shall be paid to reimburse the Developer for Dedicated Improvements. Section 2. Further Authorizations. The officers of the City are authorized and directed to take any and all actions necessary or convenient to provide for payment of the Grant to the Developer. TH DATED THIS 10 DAY OF MARCH , 2009. SPONSORED BY: FINANCE COMMITTEE Ald. Tracy Snead Ald. Keith Werner Ald. Tina Schaefer This is to certify that this is a true and accurate copy of Resolution #031-2009 which was adopted by the Common Council of the City of Muskego. _______________________________ Clerk-Treasurer